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Increase Search Engine Ranking: Sample Lawyer Copy (Case 97, p 3)



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This piece is a sample case result that an
attorney may benefit from on their legal website.



Disabilities: degenerative disc disease and status post lumbar laminectomy

Notice of Decision: Fully Favorable
Administrative Law Judge: (Insert Judge's Name)
Office of Disability Adjudication & Review (ODAR): (Insert Name of Hearing Office)

Return to Page 1 of Decision


The undersigned considered the opinion of Dr. Sohail Punjwani. On May 9, 2008, Dr. Punjwani completed a mental capacity assessment. He related treating the claimant since January 22, 2008. His diagnosis of the claimant's mental condition was major depressive disorder with psychotic features. He opined that the claimant had markedly limited abilities to sustained concentration and persistence, get along with co-workers or others, respond appropriately to changes in the work setting, be aware of normal hazards and take appropriate precautions, travel in unfamiliar places or use public transportation, and set realist goals or make plans independently of others.

He also opined that the claimant had moderately limited abilities in social interaction and making simple work-related decisions. In addition, he opined that the claimant met listing 12.04 and had marked difficulties in maintaining concentration, persistent or pace, and repeated episodes of decompensation, each of extended duration. However, of particular note is that Dr. Punjwani stated that the claimant had been unable to work since May 19, 2006, but only started treating the claimant on January 22, 2008 (Exhibit 21F/I-6). Therefore, the undersigned gives little weight to his opinion because while the doctor does have a treating relationship with the claimant, the treatment history is quite brief, and his opinion is not supported by the medical records. The possibility always exists that a doctor may express an opinion in an effort to assist a patient with whom he or she sympathizes for one reason or another. Another reality, which should be mentioned is that patients can be quite insistent and demanding in seeking supportive notes or reports from their physicians, who might provide such a note in order to satisfy their patients requests and avoid unnecessary doctor/patient tension. While it is difficult to confirm the presence of such motives, they are more likely in situations where the opinion in question departs substantially from the rest of the evidence of record, as in the current case. Even if the undersigned were to accep this opinion, she would not accept it as valid until the treatment relationship began, which in this case was after the claimant is being found disabled on other bases, as discussed below in finding 11.

4. Prior to January 1, 2008, the date the claimant became disabled, the claimant did not have an impairment or combination of impairments that met or medically equaled an impairment listed in 20 CFR Part 404, Subpart P, Appendix 1 (20 CFR 404.1520(d)).

Based on the medical evidence and testimony, the Administrative Law Judge finds that prior to January 1, 2008, the claimant lacks the documentation and medical treatment in order to establish an impairment of the severity as contemplated under the Listings. In making this finding, the undersigned has assigned great weight to the opinion of the medical expert, Dr. Rubini.

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